Child Support is based primarily on one factor: child custody. In most divorce cases, whichever parent has custody of the children, that parent can expect to receive child support. Again though, this is how the 'typical' divorce scenario plays, but of course there are some exceptions...
Child Support is based primarily on one factor: child custody. In most divorce cases, whichever parent has custody of the children, that parent can expect to receive child support. Again though, this is how the 'typical' divorce scenario plays, but of course there are some exceptions.
With regard to child support, there are three types: temporary support, permanent support, and modified support. For information about temporary support, we recommend that you take a look at some of our other articles. In those articles you will find a lot of valuable information about temporary support. The purpose of this article is to provide you with an understanding of modified support.
Again, let's discuss the 'typical' divorce scenario: in the typical divorce scenario, the parents sign and finalize a Decree Of Divorce. As part of the Decree Of Divorce, the parents include with it a final Child Support Calculation. In this typical scenario, the Decree Of Divorce and Child Support Calculation are intended to be FINAL and PERMANENT. In this typical scenario however, the Decree Of Divorce IS almost always permanent, but the Child Support Calculation on the other hand is almost NEVER permanent because of changed circumstances.
With regard to modifed support orders, the laws of most jurisdictions make it clear that if either parent experiences a change of circumstances, then either parent can then request a modification of child support. With regard to what constitutes a 'change of circumstances', we recommend that you discuss the matter with a lawyer who is licensed to practice law in your jurisdiction.
Generally speaking, a change of circumstances occurs when one of following three things occurs:
Number One: There Is A Change In Child Custody. Again just like we stated above, generally speaking whichever parent receives custody of the children, that parent can expect to receive support.
Number Two: The Children Have Grown Up And Moved Away. For obvious reasons, once the children have grown up and moved away, there is no longer a need for support.
Number Three: When Either Parent Experiences An Increase Or Decrease In Monthly Income. A change in monthly income on the part of either parent can constitute a change of circumstances which justifies a request for modification of the support order.
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